Category: Article Archive

Archive of Court Watch articles, Articles, and Notes

4th Department: Burns v. Carballada

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Deborah Burns and Bruce Henry were found guilty of violating a Rochester City Code section which held that an owner of property must have a Certificate of Occupancy (“CO”), which… Read more »

4th Department: People v. Philippe

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This case involved an appeal from a conviction for three counts of criminal possession of a forged instrument in the second degree and one count of reckless endangerment in the… Read more »

New York Court of Appeals: Hudson Valley Federal Credit Union v. New York State Department of Taxation and Finance

The issue before the Court of Appeals was whether mortgages issued by federal credit unions were subject to the New York state mortgage recording tax (“MRT”) under article 11 of… Read more »

New York Court of Appeals: People v. Garcia

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The Court in this case considered whether a police officer must have reasonable suspicion to ask the occupants of a lawfully-stopped vehicle whether they possess any weapons.  The Court extended… Read more »

4th Department: Gress v. Brown

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The New York State Legislature enacted the Buffalo Fiscal Stability Authority Act (“the Act”) in 2003 to respond to Buffalo’s regular and “untenable” reliance upon state aid to stabilize its… Read more »

New York Court of Appeals: Bitachatchi v. Board of Trustees of New York City of Police Department Pension Fund

In this case, the Court considered three consolidated appeals, each addressing a police officer that responded to provide assistance at the World Trade Center (“WTC”) following the attacks on September… Read more »

New York Court of Appeals: People v. Best

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This case arises from the conviction of defendant Emil Best for endangering the welfare of a child.  The defendant appeals his conviction on the basis that his constitutional rights were… Read more »

Note: Young Fella, If You’re Looking for Trouble I’ll Accommodate You: Deputizing Private Companies for the Use of Hackback

A computer operator sits in front of a computer screen, monitoring a tank of toxic chemicals.[1]  A series of computers control the tank’s physical hardware.  All of a sudden, the… Read more »

Article: Humanitarian Aid is Never a Crime? The Politics of Immigration Enforcement and the Provision of Sanctuary

In September 2010, the United States Court of Appeals for the Ninth Circuit reversed the federal criminal conviction of humanitarian Daniel Millis for placing water for migrants crossing the United… Read more »

Article: Congressional Oversight of the “Marketplace of Ideas”: Defectors as Sources of War Rhetoric

Congressional oversight is “one of the most important responsibilities of the United States Congress,” particularly when oversight can enhance the likelihood that executive policies will reflect the public interest, augment… Read more »